Common use of Non-Compete Restriction Clause in Contracts

Non-Compete Restriction. (i) Subject to applicable law, Executive agrees that, for the Term and for a period of two (2) years thereafter, Executive shall not, directly or indirectly: (i) provide services, similar to those Executive supplied to the Company during the Term, to a business that provides, in whole or in part, the same or similar services and/or products offered by the Company or any of its Affiliates as part of their Existing Business or Developing Businesses which directly or indirectly competes with the Company or its Affiliates; or (ii) solicit or accept, or induce any person to reduce goods or services to the Company or any of its Affiliates, or in any manner assist others in the solicitation, acceptance, or inducement of, any business transactions with the Company’s or any of its Affiliates’ existing and prospective clients, accounts, suppliers and/or other persons or entities with whom the Company or its Affiliates have had business relationships (or whom the Company or any of its Affiliates had specifically identified for a prospective business relationship). As used herein, Executive shall be considered “directly engaged” in such business if Executive acts as a shareholder, officer, owner, consultant, associate, employee or agent of any business offering and/or providing any of the restricted services and/or products identified above; and shall be considered “indirectly engaged” if any immediate relative of such persons (spouse, children, parents or siblings), or other person with whom such persons have a significant personal relationship, is engaged in such business. (ii) Executive agrees that the geographic scope of the above restrictions shall extend to: (i) the geographic area(s) within a fifty (50)-mile radius of any and all Company location(s) in, to, or for which Executive worked, or to which Executive was assigned or had any responsibility (either direct or supervisory) at the time of termination of Executive’s employment, and at any time during the two (2)-year period prior to such termination; (ii) the United States; (iii) South Korean; and (iv) all of the specific customer accounts, whether within or outside of the geographic areas described in clause (i), (ii) or (iii) above, with which Executive had any contact or for which Executive had any responsibility (either direct or supervisory) at the time of termination of Executive’s employment and at any time during the two (2)-year period prior to such termination.